Title
Amending Title 9 of The Philadelphia Code, entitled “Regulation of Businesses, Trades and Profession,” by adding a new chapter entitled “Minimum Training For Security Officers.”
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THE COUNCIL OF THE CITY OF PHILADELPHIA HEREBY ORDAINS
Section 1. Title 9 of The Philadelphia Code is hereby amended to add the following Chapter 9-6700 as follows:
TITLE 9. REGULATION OF BUSINESSES, TRADES AND PROFESSIONS
CHAPTER 9-6700. MINIMUM TRAINING FOR SECURITY OFFICERS
§ 9-6701. Purpose.
The purpose of this Chapter is to enhance the safety requirements and standards currently operating in Philadelphia’s private security industry for the benefit of the public by ensuring that buildings are staffed with workers who receive the training necessary to protect its occupants and property.
A prohibition on an untrained security workforce and a rigorous training program will ensure that security officers are trained in a range of essential skills including crime prevention, fire and other building safety, first aid, community health and wellness, and coordination with police, fire, and emergency personnel during an emergency.
§ 9-6702. Definitions.
(1) “Agency” means such City departments or office as the Mayor shall designate.
(2) “Certification of Training” means written evidence of completion of a full period of training through a Certified Security Training Program.
(3) “Certified Security Training Program” means a training program certified under this Chapter to furnish training for security employees.
(4) “Covered Property” means any property, parcel of land or other real estate where any Security Employee is employed.
(5) “Employ” is as defined in 43 P.S. § 333.103(f).
(6) “Security Employer” means any individual, corporation, association, partnership, or business trust or other business entity, or any group of persons, or a successor thereof, that employs sixteen (16) or more Security Employees within the City of Philadelphia.
(7) “Security Employee” means a person employed at least 40 hours during any one year period at a Covered Property primarily to perform Security Services; but does not include any City, County, State and Federal law enforcement officers; any law enforcement officer pursuant to 22 Pa. C.S.A. § 501; or any person licensed and trained in the use of firearms for private security purposes.
(8) “Security Services” means any of the following: the protection of individuals and/or property from harm or unlawful or unauthorized activity; or deterrence, observation, detection and/or reporting of incidents in order to prevent or abate any harmful, unlawful or unauthorized activity.
§ 9-6703. Training Requirement for Security Officers.
(1) No Security Employer shall employ a Security Employee at a Covered Property who has not received the minimum hours of training from a Certified Security Training Program as set forth in this Section.
(2) The required training shall include
(a) a minimum of forty (40) hours of training (.1) within ninety (90) days of hire for Security Employees hired after the effective date of this Chapter, and (.2) within one hundred and eighty (180) days of the effective date of this Chapter for Security Employees employed on such date; and
(b) a minimum of eight (8) hours of training during the course of each twelve (12) month period following the training required under subsection (a) above.
§ 9-6704. Designation of a Certified Security Training Program.
(1) Only training provided by a Certified Security Training Program as designated by the Agency pursuant to this Section and any implementing regulations can satisfy the requirements of this Chapter.
(2) The Agency shall develop a process for certifying one or more security training program that involves an application procedure, notice of requisite criteria and qualifications, guidance and other assistance as determined by the Agency.
(3) The Agency shall only certify security training program that satisfies the following criteria:
(a) The Certified Security Training Program must be owned or operated by an entity exempt from federal income taxation under section 501(c)(3), 501(c)(4) or 501(c)(5) of the Internal Revenue Code;
(b) The Certified Security Training Program must not be owned, controlled or dominated by any Security Employer;
(c) The Certified Security Training Program must provide training exclusively through in-person, interactive classroom instruction;
(d) The Certified Security Training Program must possess a minimum of five (5) years demonstrated experience providing training related to Security Services.
(4) Each applicant for certification as a security training program shall provide the following:
(a) The name, address, instructor certification (if any), and telephone number of a program director.
(b) A copy of its qualifications in a form prescribed by the Agency that shall include, but not be limited to:
(.1) The name of the Program;
(.2) The location(s) of the Program;
(.3) The names of the security instructor(s) and the type of instructor certification(s) held by such instructor;
(.4) The name(s) and address(es) of the owner(s) of the Program;
(.5) The educational experience and qualifications of the owners and director relevant to operating a security training program;
(.6) A chronological listing of curriculum topics, including the date, time and number of hours allotted to each topic;
(.7) An affirmation that the owners and director are not delinquent with respect to any City tax, fine, or fee; and
(.8) Proof of liability, workers’ compensation, and other insurance of the type and in the amount determined by the Agency.
(c) Each Program applicant shall pay an application fee as determined by the Agency.
(d) The Agency may require any additional information deemed necessary for the purposes of certifying a security training program.
(e) Each Certified Security Training Program shall refile on an annual basis the Program’s updated qualifications as required by this Section.
(5) The Agency shall require certain topics to be included in any initial and recurrent training program and shall only certify a security training program that provides such training, which shall include:
(a) Community health and wellness, including drug and alcohol addiction, homelessness, and mental illness;
(b) First aid, including training in administering cardiopulmonary resuscitation (CPR), use of automated external defibrillators (AED), and administering opiate antagonists;
(c) Conflict and crisis de-escalation strategies and techniques for responding to incidents of violence, persons impaired by alcohol or a controlled substance, and persons who are suffering from a mental health crisis;
(d) Orientation to the security industry, including industry standards for reporting incidents and preparing written incident reports;
(e) Orientation to the entities responsible for public safety and the entities’ duties and roles;
(f) The legal and industry standards governing security officers’ interaction with employees of other entities responsible for ensuring public safety;
(g) Responding to disruptions in building operations, including electrical outages, water disruption, water leaks, flooding, elevator service disruptions, elevator entrapments;
(h) Identifying internal and external threats to buildings and the buildings’ occupants;
(i) Security officers’ workplace rights, including health and safety, anti-discrimination, and wage and hour laws; and
(j) Other miscellaneous topics as determined by the City to be relevant such as professional image, effective communication, including communicating with clients, and report writing.
(6) The Agency shall only certify a security training program that employs instructors to provide the training required under this Chapter who possess the following qualifications:
(a) Possess a high school diploma or its equivalent;
(b) Satisfy minimum qualification criteria relating to education, teaching experience, formal training, and security experience as determined by the Agency;
(c) Submit any other additional information as determined by the Agency to be necessary to establish the competence of a security instructor or for any other pertinent purpose.
7) The Agency shall post publicly on a City website a list of all Certified Security Training Programs, including the names of the program, address(es), and names of the program owners.
§ 9-6705. Issuance of Certification of Training.
Upon the satisfactory completion of any training required under this Chapter by a Security Employee, the Certified Security Training Program shall issue such employee a written Certification of Training in a form and manner as prescribed by the Agency. The Certified Security Training Program shall also provide a true and accurate copy of each such Certification of Training to the Agency and the Security Employer of the Security Employee recipient of the certification.
§ 9-6706. Training Costs Paid by Security Employer.
(1) No Security Employer may require any Security Employee to bear any costs associated with enrolling in or completing any training required under this Chapter, nor may the Security Employer charge any Security Employee a fee for the written Certification of Training. Security Employers must compensate Security Employees for the time spent attending a Certified Security Training Program at the Security Employees’ regular hourly rate of pay, as that term is defined in 34 Pa. Code § 231.43.
(2) No Security Employer may require possession of a Certification of Training as a condition of hire for any candidate seeking employment as a Security Employee.
§ 9-XX07. Reporting and Record Keeping.
(1) Beginning no later than the July first following the effective date of this Chapter, and every July first thereafter, Security Employers shall submit to the Agency an annual report regarding the number of Security Employees employed by the Security Employer who have completed the trainings required under this Chapter during the previous twelve month period. The Security Employer shall provide the Agency with an annual certification to verify compliance with such training requirements. Such certification shall include:
(a) A list of all Security Employees employed at any Covered Property during that twelve-month reporting period and the date of hire of each Security Employee; and
(b) A list of all Security Employees who have completed the trainings required by this Chapter;
(c) The identity of the Certified Security Training Program at which the training was received; and
(d) The training curricula of the training provided at every Certified Security Training Program identified under subparagraph (c) above.
(2) Security Employers shall commence keeping records documenting training received by Security Employees, including wage records and payments of fees and costs associated with such training, upon the effective date of this Chapter; shall retain such records for a period of three (3) years; and shall allow the Agency access to such records to monitor compliance with the requirements of this Chapter.
§ 9-6708. Notice and Posting.
Each Security Employer shall post and keep posted, in conspicuous and accessible places on the premises of the employer where notices to Security Employees and applicants for employment are customarily posted, a notice, to be prepared or approved by the Agency, setting forth the rights and privileges provided under this Chapter, stating that retaliation against employees for exercising such rights is prohibited, and providing such other information as the Agency may require.
§ 9-6709. Enforcement and Penalties.
(1) Any Security Employer who violates any provision of this Section, or the regulations promulgated pursuant to this Section, shall be subject to a fine in the amount of five hundred dollars ($500.00). The penalties imposed pursuant to this section shall be imposed on a per Security Employee and per instance basis for each violation.
(2) Any person performing work as a Security Employee, or any representative of such person, including a collective bargaining representative, may file a complaint with the Agency to enforce the provisions of this Section.
(3) In addition to the City, any person performing work as a Security Employee who is aggrieved by a violation of this Chapter or any entity a member of which is aggrieved by a violation of this Chapter may bring a civil action in a court of competent jurisdiction against an employer to enforce the requirements of this Chapter. Nothing in this Chapter or its implementing regulations shall be construed to require a complaint to be filed with the Agency before bringing an action in court. Upon prevailing in an action brought pursuant to this Section, the aggrieved person shall be entitled to such legal or equitable relief as may be appropriate to remedy the violation. The aggrieved person shall be entitled to an award of reasonable attorney’s fees and costs.
§ 9-6710. License Revocation and Procurement.
(1) The Agency is authorized to develop criteria and procedures for identifying Security Employers that violate the requirements and obligations of this Chapter with a frequency and severity that undermine the Chapter’s purpose.
(2) Upon notice from the Agency pursuant to such criteria and procedures under subsection (1), the Department of Licenses and Inspections shall have the authority to deny an application for or suspend or revoke a commercial activity license or any other license of any Security Employer who meets the criteria established by the Agency under this Section.
(3) If a Security Employer or person meets the criteria established by the Agency under this Section, the Department of Procurement shall have the authority to deem that employer or person ineligible for any future City contract.
(4) All City contracts shall contain a provision that the contract shall be revocable at the City’s option if the person entering into the contract with the City fails to meet the criteria established by the Agency under this Section.
§ 9-6711. Exercise of Rights Protected; Retaliation Prohibited.
(1) It shall be unlawful for a Security Employer or any other person to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right protected under this Chapter.
(2) A Security Employer or any other person shall not take retaliatory personnel action or discriminate against a Security Employee because the employee has exercised rights protected under this Chapter. Such rights include but are not limited to the right to receive training free of charge pursuant to this Chapter; the right to pay at the Security Employee’s regular rate of pay for time spent in the training; the right to receive a Certification of Training upon completion of the training program; the right to file a complaint or inform any person about any Security Employer’s alleged violation of this Chapter; the right to cooperate with the Agency in its investigations of alleged violations of this Chapter; and the right to inform any person of his or her potential rights under this Chapter.
(3) Protections of this Section shall apply to any person who mistakenly but in good faith alleges violations of this Chapter.
(4) There shall be a rebuttable presumption of unlawful retaliation under this Section whenever an employer discharges, suspends, demotes, or takes other adverse action against a person within 90 days of when that person:
(a) files a complaint with the Agency or a court alleging a violation of any provision of this Chapter;
(b) informs any person about an employer’s alleged violation of this Chapter;
(c) cooperates with the Agency or other persons in the investigation or prosecution of any alleged violation of this Chapter; or
(d) takes action to opposes any policy, practice, or act that is unlawful under this Chapter.
(5) Retaliatory or discriminatory action prohibited by this section shall be considered a violation of the City’s Fair Practices Ordinance, Code Chapter 9-1100, and subject to the administrative and remedial provisions of that Chapter.
§ 9-6712. Regulations.
The Agency is authorized to coordinate implementation, administration, and enforcement of this Chapter and shall promulgate appropriate guidelines or regulations for such purposes, and for the purposes of establishing procedures for the filing, investigation, and resolution of complaints regarding alleged violations of this Chapter.
§ 9-6713. Severability.
If any provision of this Chapter or application thereof to any person or circumstance is judged invalid, the invalidity shall not affect other provisions or applications of the Chapter which can be given effect without the invalid provision or application, and to this end the provisions of this Chapter are declared severable.
Section 2. This ordinance takes effect January 1, 2026.
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